There are three types of patents in my country, namely invention patents, utility model patents and design patents. The protection period of the invention patent is 20 years, and the protection period of the other two patents is 10 years.
A patent is a document issued by a patent agency based on an invention application. This document describes the content of the invention and creates a legal status, that is, the patented invention can generally only be patented. It can only be used with the permission of the owner, and patent protection has time and geographical restrictions. my country's patent law divides patents into three types, namely inventions, utility models and designs.
Article 45 of the "Patent Law of the People's Republic of China" stipulates that the term of invention patent rights is fifteen years, calculated from the date of application. The term of utility model and design patent rights is five years, calculated from the date of application. The patentee may apply for a three-year extension before expiration. If the patentee enjoys priority, the term of the patent right shall be calculated from the date of application in China.
With reference to Article 22 of the Patent Law of the People's Republic of China, inventions and utility models for which patent rights are granted must possess novelty, creativity and practicality.
Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, publicly used in China, or otherwise known to the public, nor has it been the same. The invention or utility model has been applied for by others to the Patent Office and is recorded in the patent application documents published after the filing date.
Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
Extended information:
Invention patent: The inventor can only apply for this technical solution to the patent office and pass a series of strict examinations, especially novelty, creativity and practicality. Conduct a comprehensive review; grant patent rights to invention patent applications that comply with regulations. The applicant should also complete the registration procedures and pay the annual fee on time, so that the invention patent application can officially become an invention patent with multiple patent attributes.
Utility model patent: Utility model patent, also known as small invention or small patent, is the object of patent rights and the object of patent law protection. It refers to utility models that should be granted patent rights according to law. Utility models usually refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Characteristics of utility model patents:
1. Utility model patents only protect products. The product should be an entity manufactured by industrial methods and occupying a certain space. Utility models are limited to products with a certain shape, and cannot be a method or a product without a fixed shape; all relevant methods (including the use of the product) and naturally existing items that have not been artificially manufactured do not belong to utility model patents. Protect the object.
2. The creative requirements for utility models are not too high, but they are highly practical and have great practical value.
3. In the patent review and approval process, measures are taken to simplify the review and approval procedures, shorten the protection period, and reduce the fee standards to protect patent rights.
Design patent: a new design of the shape, pattern, color or combination of a product that is aesthetically pleasing and suitable for industrial application. Appearance design refers to the appearance design of industrial products, that is, the style of industrial products.
Generally, the combinations that can constitute a design include: the shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product .
Baidu Encyclopedia-Patent Law of the People's Republic of China